HomeMy WebLinkAboutDietz & Cestaro
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OFFIC
ORNEY
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TELEPHONE
(516) 477-1400
ROBERT W. TASKER
Town Attorney
~ICIMD
~~A.R 2 5 1986
425 MAIN STREET. P.O. BOX 697
GREENPORT, LI., NEW YORK 11944
March 24, 1986
T.-n QeIt!' hhl
Hon. Judith T. Tlrry
Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Re: Acquisition of land at Mattituck Inlet from
Philip E. L. Dietz Estate
Dear Judy:
Relative to the above acquisition of land at Mattituck Inlet, I enclose herewith
the following:
1. Deed dated December 25, 1985 from Doris M. Dietz, Philip E. L. Dietz,
Jr., Andrea J. Prior, Victoria A. Cestaro and Peter M. Dietz as Trustees
under the Last Will and Testament of Philip E. L. Dietz, to Doris M.
Dietz which deed was recorded in the Suffolk County Clerk's Office on
February 3, 1986 in Liber 9972 of deeds at page 26.
2. Deed dated December 25, 1985 from Doris M. Dietz to Victoria A. Cestaro,
Philip E. L .Dietz, Jr., and Peter M. Dietz which deed was recorded in
the Suffolk County Clerk's Office on February 3, 1986 in Liber 9972 of
deeds at page 28.
3. Deed dated December 25, 1985 from Victoria A. Cestaro, Philip E. L.
Dietz, Jr. and Peter M. Dietz to the Town of Southold which deed has
been recorded in the Suffolk County Clerk's Office on February 3, 1986
in Liber 9972 of deeds at page 30.
4. Survey map of the premises.
At the present time I have not as yet received the Title Insurance Policy from
Title USA Insurance Corp. When the same has been received, I will send on to
you for filing in your office.
In order that I may have a record of your receipt of the above for my
records, will you please sign a copy of this letter which I have enclosed for
that purpose and return to me.
Yours very truly,
RWT :aa
enc.
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ROBERT W. TASKER
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Dist:
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Section:
099.00
Block:
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Lot:
025.000
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~.~ 35 (10/75) ~ t"I\( ard N.Y.B.T.U. Form 8004-Qultclalm Deed-Individual or Corporation (Single Sheet)
.
CONSULT YOlll: L'WYER BEfORI SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BI USED BY LAWYERS ONLY.
This Indenture, rlade the
25tl:
day of December ,nineteen hundred and eighty-five
Between
I)CH,IS M. DIETZ, residing at
16 Slash Pine, Boynton Beach, Florida
party of the first part, and VICTORIA A. CESTARO (formerly Victoria A. Dietz), residing
at 11107 ;1. Lake Drive, Boynton Beach, Floridao\\c Ml\ ,'\ S\:
PHILIP E. L. DIETZ, JR., residing at Rt. 1,l'ftox 79, Oxford, Maryland
; and PETER M. DIETZ, residing at Rt. 4, Box 37l\) Easton, Maryland
;, as Tenants in Common 1"0 tt-I'i\~,,' ':.'\'
party of the se:o ld part,
Witnesseth, tl,:r' the party of the first part, in consideration of Ten Dollars paid by the party of the second part, does
hereby remisl~. rElease and quitclaim unto the party of the second part, the heirs or successors and assigns of the party
of the second p,ut forever,
All that cert,lill plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and
being DUbe at lv1attituck, in the Town of Southold, County of Suffolk and State of
New York, generally bounded and described as follows:
North,erly by Long Island Sound; easterly by Mattituck Inlet; southerly by
land now 01' 'Formerly of Carey Industries Inc. and westerly partly by Luther's
Road and land of the Mattituck Park District.
Togetl1E:r with all of the right, title and interest of the parties of the first
part of, in and to the land under the waters of Mattituck Inlet and Long Island
Sound abutting the above described premises.
BEING and intended to be a portion of the premises conveyed by Long Island
Produce and Fertilizer Co. Inc. to Philip E.L. Dietz by deed recorded in the Suffolk
County Clerk's Office in Liber 2878 at page 59.
24370
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, $j:\fiXC tSi A "IE:' \
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fEll :l 1986
, 1'f\~NSFEf\ T,A,)(
" ~UFFCLK
'--. COUNT(
Together with illl right, title and interest, if any, of the party of the first part in and to any streets and roads abutting
the above desGribed premises .to the center lines thereof; Together with the appurtenances and all the estate and rights
of the party of lhe first part in and to said premises; To Have And To Hold the premises herein granted unto the party
of the second part, the heirs or successors and assigns of the party of the second part forever.
And the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the
first part will re:e~ve the consideration for this conveyance and will hold the right to receive such consideration as a
trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the
payment of the cost of the improvement before using any part of the total of the same for any other purpose.
The word Up,arty" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
In Witness Whll,reof, the party of the first part has duly executed this deed the day and year first above written.
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Dietz
LlBER 9972 PAGE 29
MARYLAND
STATE OB<lllEW<JalX, COUNTY OF TALBOT. ss:
On the q6..2;l:day of December 19 85, before me
personally came
Doris M. Dietz
to me known to be the individual described in and who
executed the foregoing Instrument, and acknowledged tha~
s he executed the same.
(?t
~.
NORMA P DAFFIN
NOTARY PUBUC - STAT': OF MARYLAND
TALBOT COUNTY Ii
MY COMMISSION EXPIRES JUL I 1986 II
-~""."'''~
STATE OF NEW YORK, COUNTY OF
ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
aflixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
({)uttrlaim i1l'l'1l
Title No.
DORIS M. DIETZ
TO
VICTORIA A. CESTARO: PHILIP E.L. DIETZ,
JR. and PETER M. DIETZ
Recorded By:
U-"lIFE TITLE INSURANCE
Company of New 'rtlrk
127 W. Main Street
RNerheed, N.Y. 11901
Return to:
Rec-2
STATE OF NEW YORK, COUNTY OF
sa:
On the day of
personally came
19 , before me
to me known to be the Individual described in and who
executed theforegoinginstrument, and acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF
ss:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing Instrument, with
whom I am personally acquaiQted, who, being by me duly
sworn, did depose and say that he resides at No.
that he knows
to be the Individual
described in and who executed the foregoing instrument;
that he, said subscribing witno:ss, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
Recorded at Request of
If."lIFE TITLE INSURANCE
Company of New York
RETURN BY MAIL TO
Robert W. Tasker
425 Main St.
Greenport, NY 11944
ZJp No.
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PF::'" (10/7~) Stdndar,j N.Y.B.T.U. Form 8004-QultC'talm Deed-Individual or CorporatIon (Single Sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
This Indenhlre, made the
25th
day of December ,nineteen hundred and eighty-five.
Between DORIS M. DIETZ, residing at 16 Pine Slash. Boynton Beach. Florida
PHILIP E. 1_. DIETZ, JR., residing at Rt. l)(lli>x 79 ~ord. Maryland
ANDREA J. PR lOR (formerly Andrea J. Dietzr;'"'~i:fing ~t" 436 Cross Street.
Lakewoo,!, 'lew Jersey VICTORIA A. CESTARO (formerly Victoria A.
Dietz), I"esiding at 11107 N. Lake Drive. Boynton Beach. Florida
and PETER M. DIETZ, residing at Rt. 4. Box 371....ful~t.lID:.)11H:l-li'l'd
as Trustees under the Last Will and Testament of phHip I:':t.': "'Oie-u Deceased
party of the first part, and I
DORIS M. DIETZ, residing at 16 Pine Slash. Boynton Beach. Florida
party of the second part.
Witnesseth, that the party of the first part, in consideration of Ten Dollars paid by the party of the second part, does
hereby remise, release and qUitclaim unto the party of the second part, the heirs or successors and assigns of the party
of the second part forever,
All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and
being i~l('" at Mattituck, in the Town of Southold, County of Suffolk and State of
New York, generally bounded and described as follows:
NorthE!rly by Long Island Sound; easterly by Mattituck Inlet; southerly by
land now or' formerly of Carey Industries Inc. and westerly partly by Luther's
Road' and land of the Mattituck Park District.
Together with all of the right, title and interest of the parties of the first
part of, in and to the land under the waters of Mattituck Inlet and Long Island
Sound abutting the above described premises.
BEING and intended to be a portion of the premises conveyed by Long Island
Produce and Fertilizer Co. Inc. to Philip E.L. Dietz by deed recorded in the Suffolk
County Clerk's Office in Uber 2878 at page 59.
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Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttingl
the above described premises .to the center lines thereof; Together with the appurtenances and all the estate and rights;
of the party of the first part in and to said premises; To Have And To Hold the premises herein granted unto the party
of the second lPart, the heirs or successors and assigns of the party of the second part forever.
And the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the'
first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a:
trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the
payment of the cost of the improvement before using any part of the total of the same for any other purpose"
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
In Witness Whereof, the party of the first part has duly executed this deed the day and year first above written.
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. . n ,rea J. ~iO~
(~a~~-
._\llC1oxl~ A. cestaro~
~~~~~, ~.
eter M. Dietz "
In resence Of:
./
LlBtR 9972 PAGE
27
MARYLAND
STATE OF 1lIi!N~COUNTY OF TALBOT ss:
On the afAyof December 19 85, before me
personally came Doris M. Dietz;; Philip E. L.
Dietz, Jr.
to me known to be the individual described in and who
executed theforegoinginsrrument, and acknowledged tha~
they executed 1:Ze.
(?{ lf~~ ~1}~
NORMA P DAFFIN
NOTARY PUBlfC - STAT[ Of M.\RYLAtlO .
TALBOT COIINTY ~;
tl.. MY COMM. .ISS. ION EXPIRES Jill I, 1986 t<
~~.~
STATE OF NEW YORK, COUNTY OF
ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn,diddeposeand
say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing insrrument; that he
knows the seal of said corporation; that the seal affixed
to said insrrument is such corporate seal; tI.at it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by Uke order.
<<t)uitdatm Ilrrb
Title No.
DORIS M. DIETZ, PHILIP E.L.DIETZ, JR.
ANDREA J. PRIOR, VICTORIA A. CESTARO
& PETER M. DIETZ
TO
DORIS M. DIETZ
Recorded By:
1I-"t.1FE TITLE INSURANCE
Company of New "rork
127 W. Main Street
. ... Riverhead. N.Y. 11901
Return to:
Re<>2
MARYLAND
STATE OF NfW~K, COUNTY OF TALBOT IS:
On theo('~day of December 1985, before me
personally came Andrea J. Prior, Victoria
A. Cestaro and Peter M. Dietz
to me known to be the individual described in and who
executed theforegoinginsrrument, and acknowledged that
they executed the same.
/917,l "j ~C)//~ ,
~otary );u~Tct1/~
'"
NORMA P DAFFIN
NOTARY PUBUC - STAn: OF MARYLANO ,
TALBOT COUNTY ~,
MYCOMM~
STATE OF NEW YORK, COUNTY OF
55:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquaiQted, who, being by me duly
sworn, did depose and say that he resides at No.
that he knows
.
,
to be the individual
described in and who executed the foregoing insrrument;
that he, said subscribing witnt:SS, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
rded at Request of
TITLE INSURANCE
Company of New York
RETURN BY MAIL TO
Robert W. Tasker
425 Main Street
Greenport, NY 11944
Zip No.
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Section:
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Block:
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Lot:
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PF 35 (10/75) Standard N.y.B'.T.U. Form 8004.Quitclairn Deed.lndividual or Corporation (Single Sheet)
I
. CONSULT YOUR LAWYER IEFORI SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD II USID IY LAWYERS ONLY.
L1BfH 9972 PAGE 30
This Indenture, made the 25th day of December ,nineteen hundred and eighty-five
B,tween VICTORIA A. CESTARO (formerly Victoria A. Dietz), residing at 11107 N Lake
Dnve, Boynton Beachl> iJ;o~da ; PHILIP E. L. DIETZ, JR., residing
at Rt. 1, Box 79,""llxfort M'rryland and PETER M. DIETZ,
residing at Rt. 4, Box 371 J Easton,; Maryland
roc ~ M[.f.(\ St.
party ofthe first part, and TOWN OF SOUTHOLD, a municipal corporation of the State
of New York, having offices at 53095 Main Street, Southold, New York
party of the second part,
Witnesseth, that the party of the first part, in consideration of Ten Dollars paid by the party of the second part, does
hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party
of the second part forever,
All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and
being iiXnXX at Mattituck, in the Town of Southold, County of Suffolk and State
of New York, generally bounded and described as follows:
Northerly by Long Island Sound; easterly by Mattituck Inlet; southerly by
land now or formerly of Carey Industries Inc. and westerly partly by Luther's
Road and land of the Mattituck Park District.
Together with all of the right, title and interest of the parties of the first
part of, in and to the land under the waters of Mattituck Inlet and Long Island
Sound abutting the above described premises.
BEING and intended to be a portion of the premises conveyed by Long Island
Produce and Fertilizer Co. Inc. to Philip E.L. Dietz by deed recorded in the Suffolk
County Clerk's Office in Liber 2878 at page 59.
r~
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I REAL c'$TJl.TE
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2<\371.
t. ~N'$FE.RTAX,
$.lFFOi.K
.. llOOUt-il'l
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Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting
the above described premises .to the center lines thereof; Together with the appurtenances and all the estate and rights
of the party of the first part in and to said premises; To Have And To Hold the premises herein granted unto the party
of the second part, the heirs or successors and assigns of the party of the second part forever.
And the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the
first part will recelve the consideration for this conveyance and will hold the right to receive such consideration as a
trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the
payment of the cost of the improvement before using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
In Witness Whereof, the party of the first part has duly executed this deed the day and year first above written.
In Presence Of:
C~~~
Peter M. Dietz
L1Btk 9972 PAGE 31
MARYLAND
STATE OF IllM<mKZCOUNTY OF TALBOT ss:
On the <>?b-4day of December 19 8!\ before me
personally came
Victoria A. Cestaro
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged tha~
she executed the same.
NORMA P DAFFIN
NOTARY PUOl.1i; . STATe OF MARYLAND
Tf.l.BDT COUNTY
, MY COMMISSION EXPIRES JUL 1. 1986
~...~,
STATE OF NEW YORK, COUNTY OF
ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn,diddeposeand
say that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal atlixed
to said instrument is such corporate seal; tMt it was so
a:fIixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by Uke order.
({)uitrlntm mrril
Title No.
viCTORIA A. CESTARO: PHILIP E.L. DIETZ
JR. and PETER M. DIETZ '
TO
J OWN OF SOUTHOLD
Recorded By,
u."I1FE TITLE INSURANCE
Company of New 'wbrk
127 W. Main Street
R_. N.Y. 11901
Retum to:
Reo-2
MARYLAND
STATE OF ~J(, COUNTY OF TALBOT sa:
On the q6-'lZdayof December 19 85, before me
personally came
Philip E.L. Dietz, Jr. & Peter M. Dietz
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
they executed the same.
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I tary Public .~. .,'
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NORMA P DAFFIN
NOTARY PUBLIC. STATE OF MARYLAND
TALBOT COUNTY
MY COMMISSION EXPIRES JUL 1. 1986
,
STATE OF NEW YORK, COUNTY OF
&s:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquaillted, who, being by me duly
sworn, did depose and say that he resides at No.
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witndS, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
Recorded at Request of
II-"IIFE TITLE INSURANCE
Company of New YOI'k
RETURN BY MAIL TO
Robert W. Tasker
425 Main St.
Greenport, NY 11944
Zip No.
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APPRAISAL REPORT
AACA: PROFESSIONALISM THROUGH EDUCATION AND EXPERIENCE
.. '
II
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.
PREPARED FOR
tHE TOWN OF SOUTHOLD
AS OF APRIL 30, ]CJ~
.
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.
.
APPRAISAL REPORT
Triangular shaped property
situated at
the intersection of
Naugles Road and Luthers Road
Mattituck, New York 11952
PREPARED FOR
Town of Southold
BY
Andrew D. Stype
Stype Brothers Real Estate, Inc.
Main Road, P.O. Box 63
Mattituck, New York
11952
AS OF
April 30, 1985
II
.f.
.
.
-2-
OBJECTIVE OF THE APPRAISAL
AND
DEFINITION OF MARKET VALUE
The objective of this appraisal is to estimate market value
Market value as used in the report is defined as:
The highest price in terms of money which a property
should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller,
'I each acting prudently, knowledgeably and assuming the price
is not affected by undue stimulus. Implicit in the
definition is the consummation of a sale as of a specifjpn
date and the passing of title from seller to buyer und~,
conditions whereby:
1. The buyer and seller are typically motivated.
2. Both parties are well informed or well advised 2nd
acting in what they consider their own best interest.
3. A reasonable time is allowed for exposure in the
open market.
4. Payment is made in cash or its equivalent.
5. Financing, if any, is on terms generally available
in the community at the specified date and typical
for the property type in its locale.
6. The price represents a normal consideration for
the property sold unaffected by special financing
amounts and/or terms, services, fees, costs, or
credits incurred in the transaction.
I
'.f'
II
.
.
-3-
CERTIFICATION
AND
STATEMENT OF LIMITING CONDITIONS
CERTIFICATION: The appraiser certifies agrees that:
1. The appraiser has no present or contemplated future in-
terest in the property appraised; and neither the employ-
ment to make the appraised value of the pr0perty.
2. The appraiser has no personal interest in or bias with
respect to the subject matter of the apprasial report
or the participants to the sale. The "Estimate of
Market Value" in the appraisal report is not based in
whole or in part upon the race, color, or national origin
of the prospective owners or occupants of the properties
in the vicinity of the property appraised.
3. The appraiser has personally inspected the property and
has made an inspection of all comparable sales listed in
the report. To the best of the appraiser's knowledge and
belief, all statements and information in this recort are
true and correct,and the appraiser has not knowingly
witheld any significant information.
4. All contingent and limiting conditions are contained
herein (imposed by the terms of the assignment or by the
undersigned affecting the analyses, opinions, and con-
clusions contained in the r~port).
5. All conclusions and opinions concerning the real estate
that are set forth in the appraisal report were prepared
by the Appraiser whose signature appears on the appraisal'
report, unless indicted as "Review Appraiser". No change
of any item in the appraisal report shall be made by any-
one other than the Appraiser and the Appraiser shall have
no responsibility for any such unauthorized change.
CONTINGENT AND LIMITING CONDITIONS: The certification of the
.. .
Appraiser appearing in the appraisal report is the subject to
the conditions as are set forth by the Appraiser in the report.
II
II 2.
I
Ii 3.
I
I 4.
.
.
-4-
1.
The Appraiser assumes no responsibility for matters of
a legal nature affecting the property appraised or the
title thereto, nor does the Appraiser render any
opinion as to the title, which is assumed to be good and
marketable. The property is appraised as though under
responsible ownership.
The Appraiser is not required to give testimony or
appear in court because of having made the appraisal
with reference to the property in question, unless
arrangements have been previously made.
The Appraiser assumes that there are no hidden or un-
apparent conditions of the property, subsoil, or
structures, which would render it more or less valuable.
The Appraiser assumes no responsibility for such
conditions or for engineering which might be required to
discover such factors.
Information, estimates, and opinions furnished to the
Appraiser, and contained in the report, were obtained
from sources considered reliable and believed to De true
and correct. However, no responsibility for accur~cy 0f
such items furnished the Appraiser can be assumed by the
Appraiser.
5 .
Disclosure of the contents of the appraisal report is
governed by the Bylaws and Regulations of the profess-
innal appraisal organization with which the Appraiser ~U
affiliated.
6.
Neither all, nor any part of the content of the report or
copy thereof (including conclusions as to the property
value, the indentity of the Appraiser, professional
designations, reference to any professional apprasial
organizations, or the firm with which the Appraiser is
connected), shall be used for any purposes by anyone but
the client soecified in the report, the mortgagee or its
successors and assigns, mortgage insurers,consultants,
professional appraisal organizations, any state or
federally approved financial institution, any department,
agency or instrumentality of the United States or the
District of Columbia, without the previous written consent
of the Appraiser; nor shall it be conveyed by anyone to
the public through advertising, pUblic relations, news,
sales, or other media, without the written consent and
approval of the Appraiser.
"
.
.
-5-
Andrew D. Stype, age 36, being duly sworn, deposes
and certifies that:
!i
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He is and has been a licensed Real Estate Salesman
since 1971 and a Real Estate Broker since 1980. He has
been in the appraisal business for market value since
1978. He is an active member of the Suffolk County
Board of Realtors and the Eastern Suffolk Board of
Realtors. He is currently a member of the New York State
Society of Real Estate Appraisers, and successfully com-
pleted a Real Property Appraisal Study Program at
Southampton College, Southampton, New York. He is also
a member of the American Association of Real Estate
Appraisers -- Certified Appraiser, Residential.
Site Description
Subject property is located on the Mattituck Creek,
approximately 608' north of the intersection of
Naugles Road and Luthers Road in Mattituck, New York.
The property is'located in the Hamlet of Mattituckj
Township of Southoldj County of Suffolk; State of
New York. It is designated as "A" Residential Zoning.
The property has 75' to the south x 725' to the
west. It is a triangular shape so there is no footage
to the north. It continues back 715' to the east. This
is a triangular shaped piece of property with three sides
only. There appears to be about a one half acre approx-
imate total land area.
The property is a sandy beach and drops from the
road to Mattituck Creek. There are breakers along the
eastern bound area on the Creek.
The immediate adjoining area to the south is "C-l"
Industrial. The rest of the area is basically Residen-
tial, seasonal and year-round.
This parcel does not appear to be a buildable lot.
The current Single A Bulk and Parking Schedule from the
current Zoning book from the Code from the Town of South-
old states that the minimal building lot must have 35'
from the front bound area and 35' from the rear yard.
This would not make for a practical or a conventional
style house. It would appear that special variances
would be required in order to build.
un
.
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The property is located next to a public beach for
residents. It is in the Mattituck/Cutchogue School
District.
It also appears the elevation above sea level
is just a few feet and it might be subject to possible
floods during storms, etc.
The highest and best use at this time would appear
to be a park, playground, public fishing pier, or
launching ramp.
The property is listeu under the Suffolk County
Real Property Tax Map as District: 1000: Section 99:
Block 4: Lot 25. The current owner is listed as
Philip E. Dietz. The annual taxes are $162.77 and the
assessed value is: $500.00 Land and $500.00 Total.
Due to a lack of comparables on this particular
lot, I will have to base the market value on my past
experience and judgement.
Most of my waterfront property is in the area
of $1,000.00 per waterfront foot, or more. Since t~is
property does not appear to be a buildable lot, it
should easily lose 75% of its value and this would
leave $250.00 per foot which I will use to estimate
the market value of this lot:
$250.00 x 715' ~ $17,875.00
The fair market value as of April 30, 1985 would
$ 00 /)
be 18,000. . ,I!
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Appraiser:
,
\wlrew D.
,J
County of Suffolk
State of New York
Sworn to before me this
30th day of April, 1985.
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ROBERT W. TASKER
Town Attorney
ORNEY
D
TELEPHONE
(516) 477-1400
REaMD
MAY 1 41986
425 MAIN STREET. P.O. BOX 697
GREENPORT.L.I..NEWYORK 1I944
May 6, 1986
T_ CIMtr 5ot..~lIrJ
Bon. Judith T. Terry
Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Re: Acquisition of land at Mattituck Inlet
from Philip E. L. Dietz Estate
Dear Judy:
Relative to the above acqUlslon of land at Mattituck Inlet, I enclose
herewith the Title USA Insurance Policy No. 84-52-47854.
In order that I may have a record of your receipt of the above for
my records, will you please sign a copy of this letter which I have
enclosed for that purpose and return to me.
Yours very truly,
ROBERT W. TASKER
RWT :aa
enc.
Title USA Insurance Corporation of New York
!l!TITLE
~USA
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Pol icy of
Title Insurance
IN CONSIDERATION OF the payment ot its charges for the examination of title and its
premium for insurance, insures the within named insured against all loss or damage not
exceeding the amount of insurance stated herein and in addition the costs and expenses of
defending the title, estate or interest insured, which the insured shall sustain by reason of
any defect or defects of title affecting the premises described in Schedule A or affecting the
interest of the insured therein as herein set forth, or by reason of unmarketability of the title
of the insured to or in the premises, or by reason of liens or incumbrances affecting title at
the date hereof, or by reason of any statutory lien for labor or material furnished prior to the
date hereof which has now gained or which may hereafter gain priority over the interest
insured hereby, or by reason of lack of access to and from the premises, excepting all loss
and damage by reason of the estates, interests, defects, objections, liens, incumbrancesand
other matters set forth in Schedule S, or by the conditions of the policy hereby incorporated
into this contract, the loss and the amount to be ascertained in the manner provided in said
conditions and to be payable upon compliance by the insured with the stipulations of said
conditions, and not otherwise.
IN WITNESS WHEREOF, Title USA Insurance Corporation of New York has caused this policy
to be signed and sealed on its date of issue set forth herein.
dr~'f'
Pn,sident
f~J-I, 1tv0~
A TTEST: Secretary
('/? '-
A L-I.~~
Validating Officer or Agent
C~__"
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Name of Insured
Policy No.
84-52-47854
TOWN OF SOUTHOLD
Amount of
Insurance
$5,000.00
The estate or interest insured by this policy is
vested in the insured by means of
A FEE SIMPLE
Date of Issue
12/25/85
DEED recorded 2/3/86 in L. 9972 p. 30.
Schedule A
The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed.
Schedule B
The fOllowing estates, interests, defects, objection to title, liens and incumbrances and other matters are excepted from the coverages of this policy:
1. Defects and incumbrances arising or becoming a iien after the date of this policy, except as herein provided.
2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises.
3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the used, occupancy, subdivision or
improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with any violation thereof.
4 Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the
insured
5. Titletoany property beyond the liens of the premises, ortitleto areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or
the right to maintain therein vaults, tunnels, ramps or anyothersturcture or improvement, unless this policy specifically provides that such titles, rights, or easements
are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy unless otherwise excepted, insures the ordinary rights of access and egress
belonging to abutting owners.
6 Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise.
7. ANY state of facts a guaranteed survey of the premises might show.
8.
IN the absence of a guaranteed survey,
exact location, courses and dimensions
Company does not
of the premises.
insure
the
9. ANY state of facts an inspection of the premises would disclose.
10. RIGHTS of tenantg or persons in possession, if any.
11. POSSIBLE unpaid water charges.
12.
RIPARIAN rights and easements
Inlet and Long Island Sound.
favor of the owner.
of others over Mattituck Creek or Mattituck
Company does not insure such rights in
13 .
NO title is insured to any part of the
or former high water line of Mattituck
Long Island Sound.
premises
Creek or
lying below the
Mattituck Inlet
present
and
14.
RIGHT of any
and pierhead
governmental authority to change the harbor,
lines without compensation to the owner.
bulkhead
continued
see rider
'.
;
Report 13111/74)
SCHEDULE A (De$criptlon)
ALL that certain plot. piece Ill' pa,cel of land, with the buildings and improvemenl$ thereon erected, situate,
lying end being at Mattituck Inlet, Mattituck, in the Town of Southold,
Suffolk County, New York, and lying northerly of land formerly
of Long Island Produce and Fertilizer Co. Inc., and lying between
the Mattituck Inlet on East and Luther's Road on the West, to a
point on the shore of the Long Island Sound and the land lying
under the water of said Mattituck Inlet and adjoining the premises
formerly of Long Island Produce and Fertilizer Co. Inc. on the
South.
District 1000
Section 099.00
Block 04.00
Lot 025.000
.
RIDER
15. ANY loss, damage or question of marketability that might arise
by reason of the fact that the premises has not legal means of
access to and from a public highway.
16. 1985/86 Town, County and School Taxes.
, -
. .
, , .
Conditions
of this Policy
1. Definitions
(a) Wherever the term "insured" is used in this policy it includes those who succeed to the interest of the insured by operation of law including, without limitation, heirs,
distributees, devisees, survivors, personal representatives, next of kin or corporate successors, as the case may beand thoseta whom the insured has assigned this policy
where such assignment is permitted by the terms hereof, and wherever the term "insured" is used in the conditions of this policy it also includes the attorneys and agents of
the "insured."
(b) Wherever the term "this company" is used in this policy it means Title USA Insurance Corporation of New York
(c) Wherever the term "final determination" or "finally determined" is used in this policy, it means the final determination of a court of competent jurisdiction after
disposition of all appeals or after the time to appeal has expired.
(d) Wherever the term "the premises" is used in this policy, it means the property insured herein as described in Schedule A of this policy including such buildings and
improvements thereon which by law constitute real property.
(e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which
property insured herein lies
2. Defense and Pro.ecullon of Suits
(a) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or incumbrances not excepted in this policy.
(b) This company shall have the right and may, at its own cost, maintain or defend any action or proceeding relating to the title or interest hereby insured, or upon or
under any covenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder.
(c) In all cases where this policy requires or permits this company to prosecute or defend, the insured shall secure to it the right and opportunity to maintain or defend
the action or proceeding, and all appeals from any determination therein, and give it all reasonable aid therein, and hereby permits it to use therein, at its option, its own
name or the name of the insured.
(d) The provisions of this section shall survive payment by this company of any specific loss or payment of the entire amount of this policy to the extent that this
company shall deem it necessary in recovering the loss from those who may be liable therefor to the insured or to this company.
3. Cases Where Liability Arl...
No claim for damages shall arise or be maintainable under this policy except in the following cases:
(a) Where there has been a final determination under which the insured may be dispossessed, evicted or ejected from the premises or from some partor undivided share
or interest therein.
(b) Where there has been a final determination adverse to the title upon a lien or incumbrance not excepted in this policy.
(c) Where the insured shall have contracted in good faith in writing to sell the insured estate or interest, or where the insured estate has been sold forthe benefit of the
insured pursuant to the judgment or order of a court and the title has been rejected because of a defect or incumbrance not excepted in this policy and there has been a
final determination sustaining the objection to the title.
(d) Where the insurance is upon the interest or a mortgage and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the
insured's estate or interest in the premises, or subject toa prior lien or incumbrance not excepted in this policy; orwherea recording office has refused to accept from the
insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal because of a defect in the title to the said mortgage.
(e) Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises and the title shall have
been rejected by the proposed lender and it shall have been finally determined that the rejection of the title was justified because of a defect or incumbrance not
excepted in this policy.
(f) Where the insured shall have transferred the title insured by an insturment containing covenants in regard totitle or warranty thereof and there shall have been a final
determination on any of such convenants or warranty, against the insured, because of a defect or incumbrance not excepted in this policy.
(g) Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finally determined that the insured is not entitled to a full award
for the estate or interest taken because of a defect or incumbrance not excepted in this policy.
No claim for damages shall arise or be maintainable uhnderthis policy (1) if this company, after having notice of an alleged defector incumbrance, removes such defect
or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured insettling any claim or suit without the written
consent of this company
4. Nollce 01 Claim
In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the
insured of any claim adverseto the title hereby, or in case of the service on or receipt by the insured of any paper, orof any notice, summons, process or pleading in any
action or proceeding, the object or effect of which shall or may be to impugn, attack orcall in question the validity of the title hereby insured, the insured shall promptly
notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons process or pleading. Delay in giving this notice
and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in
the future prejudice this company.
5. Payment of Lo.s
(a) This company will pay, in addition tothe loss, all statutory costs and allowances imposed on the insured in litigation carried on by this companyforthe insured under
the terms of this policy. This company shall not be liable for and will not pay the fees of any counselor attorney employed by the insured.
(b) In every case where claim is made for loss or damage this company (1) reserves the right to settle, at its own cost, any claim or suit which may involve liability under
this policy, or (2) may terminate its liability hereunder by paying ortendering the full amount of this policy, or (3) may, without conceding liability, demand a valuation of
the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the insured and one by this company, and the two thus chosen
selecting and umpire. Such valuation, less the amount of any incumbrances; on said insured estate and interest not hereby insured against, shall be the extent of this
company's liability for such claim and no right of action shall accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall have been
served upon this company, and the insured shall have tendered a conveyance or assignment of the insured estate or interest to this company of its designee at such
valuation, diminished as aforesaid. The foregoing option to fix as valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest.
The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leaesehold interest.
(c) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary interest of such collateral holder in the premises.
(d) All payments made by this company under this policy shall reduce the amount hereof pro tanto except (1) payments made for counsel fees and disbursements in
defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allowances imposed on the insured in such actions and
proceedings, and (2) if the insured is a mortgagee. payments made to satisfy or subordiante prior liens or incumbrances not set forth in Schedule B.
(e) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable witithin thirty days thereafter.
6. Co-Insurance and Apportionment
(a) In the event that partial loss occurs after the insured makes an improvement subsequent to the date of this policy, and only in that event, the insured becomes a
co-insurer to the extent hereinafter set forth.
If the cost of the improvement exceeds twenty per centum of the amount of this policy, such proportion only of any partiallossestablished shall be borne by the company
as one hundred twenty per centum of the amount of this policy bears to the sum amount of this policy and the amount expended for the improvement. The foregoing
provisions shall not apply to costs and attorneys' fees incurred by the company in prosecuting or providing for the defense of actions or proceedings in behalf of the
insured pursuant to the terms of this policy orto costs imposed on the insured in such actions or proceeding, and shall apply to that portion of losses which exceed in the
aggregate ten percent of the face of the policy.
Provided, however, that the foregoing co-insurance provisions shall not apply to any loss arising out of a lien or incumbrance for a liquidated amount which existed on the
date of this policy and was not shown in Schedule B; and provided further, such co-insurance provisions shall not apply to any loss if, at the time oftheoccurrenceofsuch
loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy
(b) If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but not all of said parcels, the loss shall be computed
and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels exclusive of improvements made subsequent to the
date of this policy.
(c) Clauses "(a)" and "(b)" of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor.
(d) If, at the time liability for any lOSS shall have been fixed pursuant to the conditions of this policy, the insured holds another policy of insurance covering the same loss
issued by another company, this company shall not liable to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of
insurance held by the insured, unless another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or
Insurers.
7. Assignment of Polley
If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall enure to the benefit of successive assignees of the mortgage without
consent of this company or its endorsement of this policy. Provision is made in the Company rate manual filed witht he Superintendent of Insurance of the State of New
York on behalf of this Company for continuation of liabjlitytogranteesof the insured in certain specific circumstances only. In no circumstance provided for in this section
shalt this company be deemed to have insured the sufficiency of the form of the assignment or other instrument of transfer or conveyance or to have assumed any liability
for the sufficiency of any proceedings after the date of this policy
8. Subrogation
(a) This company shall to the extent of any payment by it of loss under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall
execute such instruments as may be requested to transfer such rights to this company. The rights so transferred shall be subordinate to any remaining interest of the
insured.
(b) If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor or guarantoror
from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modifying the insured mortgage provided such acts do not affect
the validity or priority of the lien of the mortgage insured. However, the liability of this company under this pOlicy shall in no event be increased by any such act of the
insured,
9. Mlsrepresentallon
Any untrue statement made by the insured, with respect to any material fact or any suppression of or failure to disclose any material fact, or any untrue answer by the
insured, to material inquiries before the issuance of this policy, shall void this policy.
10. No Waiver 01 Conditions
This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability orwaive
any provision of this policy.
11. Policy Entire Contract
All actions or proceedings against this company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may bring
against this company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to its terms
and conditions.
12. Validation and Modification
This pOlicy is valid only when duly signed by a validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the instruments
creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water
charges and sewer rents.
Title USA Insurance Corporation of New York
New York Slale Olflcas
Albany County
90 State Street, Albany, N.Y. 12207
(518) 472-9161
Na..au County
170 Jericho Turnpike, Floral Park, N.Y. 11001
(516) 354-8500 (718) 347-2010
New York County
120 Broadway, New York, N.Y. 10271
(212) 732-9760
Queens County
90-15 Sutphin Boulevard, Jamaica, N.Y. 11435
(718) 739-4001
Rockland County
2 New Hempstead Road, New City, N.Y. 10956
(914) 634-3612 (212) 292-1528
Suffolk County
127 W. Main Street, Riverhead, N.Y. 11901
(516) 727-4140 (212) 962-1445
Westchester County
235 Main Street, White Plains, N.Y. 10601
(914) 948-4040 (212) 824-0404
Policy 21 (12/85)
N.Y.B.T.V. Form No. 1000
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